When President Barack Obama nominated federal appeals judge Sonia Sotomayor to be the nation's first Hispanic Supreme Court justice on May 26, members of Fifth Avenue Presbyterian Church took notice of her connection to the church's ministry to the homeless.

Seven years ago, Judge Sotomayor served on the panel that decided FAPC's lawsuit with the City of New York that upheld the church's right to minister to the city's homeless on the steps.

The panel's ruling stated that the "Free Exercise Clause of the First Amendment, which has been applied to the states through the Fourteenth Amendment, provides that 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.' Government enforcement of laws or policies that substantially burden the exercise of sincerely held religious beliefs is subject to strict scrutiny."

The decision also declared that FAPC "has demonstrated a likelihood of success in establishing that its provision of outdoor sleeping space for the homeless effectuates a sincerely held religious belief and therefore is protected under the Free Exercise Clause."

The ruling, decided on June 12, 2002 by the United States Court of Appeals for the Second Circuit, was important in recognizing that service to the poor can be religious conduct protected by the First Amendment.  The decision has been cited in various communities throughout the United States where religious institutions are developing similar ministries. 

"The panel's ruling was an important one for the church, the city, and our nation," said FAPC member Jonathan Nelson, who helped argue the case.  "It enabled us to continue to reach out with Christ's love to those most in need in our city and help countless members of our society transition away from homelessness and towards a better life."

"This decision made by the Second Circuit Court of Appeals was cheered by this congregation," said the Rev. Dr. Scott Black Johnston, FAPC's senior pastor, "You simply have to applaud when God's call to righteous action and human systems of justice end up on the same page!"

In recent years, the city and the church have come together to work cooperatively in dealing with the issue of homelessness and have recently expanded their working relationship to include an annual homeless memorial service.  This year's service will take place on June 10 at 2 pm in FAPC's sanctuary.

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